U.S. Court of Appeals

Last week, the U.S. Court of Appeals for the Fifth Circuit issued an opinion that reiterated a conclusion they had reached two years prior--that even though the Horseracing Integrity and Safety Act (HISA)'s rulemaking structure is constitutional, its enforcement provisions are not. It was nearly this time last year the United States Supreme Court punted the question of HISA's constitutionality back down the legal ladder, telling the Fifth, Sixth and Eighth Circuits of the U.S. Courts of Appeal to consider in their various HISA decisions a then-recent Supreme Court ruling...

On the heels of winning a preliminary injunction last month in the United States Court of Appeals for the Sixth Circuit, the advance-deposit wagering (ADW) platform TwinSpires on Tuesday scored a victory in its overall federal lawsuit against the state of Michigan. On Jan. 6, the lower-court judge in charge of the case issued a summary judgment in favor of TwinSpires, meaning Michigan can't make that ADW partner with a brick-and-mortar racetrack in order to do business in that state. The operator of TwinSpires, Churchill Downs Technology Initiatives Company (CDT),...

The three lawsuits that have been simmering in the federal court system for several years and were all vying for the attention of the United States Supreme Court to decide the constitutionality of the Horseracing and Safety Integrity Act (HISA) are all headed back to their originating appeals courts, likely adding several more years to an already drawn-out adjudication process. The Supreme Court on Monday morning issued nearly identical "summary dispositions" for all three of the active petitions before the court involving the constitutionality of HISA. Each of the separate...

The United States Supreme Court is now unlikely to decide before the end of 2024 which, if any, of the three separate cases involving the constitutionality of the Horseracing and Safety Integrity Act (HISA) the nation's highest court might consider hearing. According to schedule changes posted online Dec. 4 on the Supreme Court dockets for cases originating out of the Fifth, Sixth and Eighth Circuits of the U.S. Court of Appeals, all three of those HISA-related "writ of certiorari" requests are now going to be considered by the justices on...

The National Horsemen's Benevolent and Protective Association (NHBPA) on Monday urged the United States Supreme Court not to grant the stay of an unconstitutionality mandate that the U.S. Court of Appeals for the Fifth Circuit is waiting to issue regarding the Horseracing Integrity and Safety Act (HISA). That mandate, stemming from a July 5 unconstitutionality opinion on HISA by the Fifth Circuit, was administratively stayed by the Supreme Court on Sept. 23. The HISA Authority had requested a stay on Sept. 19 pending the filing and disposition of its broader...

The attorneys general from nine states on Thursday implored United States Senate minority leader Mitch McConnell not to use the end-of-term 'lame-duck' session of Congress to ram through legislation that would tweak non-constitutionality issues with the Horseracing Integrity and Safety Act (HISA) by burying the measure within a much larger bill. "It has come to our attention that you are considering proposing language related to HISA in the Defense Spending Authorization Act or other end-of-year legislation," the AGs wrote to the senior senator from Kentucky in a Dec. 8 letter....

The latest tumultuous turn in the unfolding saga of the Horseracing Integrity and Safety Act (HISA) was delivered in the United States Court of Appeals for the Fifth Circuit Friday, when the court ruled the law unconstitutional because it cedes too much governmental authority to a private entity, and too little rule-making input to the Federal Trade Commission (FTC), which is charged with ultimately signing off on the law's rules. In the immediate aftermath of the decision, three legal experts weighed in for the TDN on the legal avenues open...

A panel of three judges from the United States Court of Appeals for the Fifth Circuit issued a new, more fine-tuned order Monday in the Horseracing Integrity and Safety Act Authority (HISA) lawsuit that narrows the scope of an "administrative stay" that same court had issued five days earlier. The Aug. 8 order now means that instead of the entire slate of HISA rules being re-activated in Louisiana and West Virginia (as per the Aug. 3 Appeals Court order that trumped a preliminary injunction issued July 26 by a lower...